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(영문) 서울서부지방법원 2011.12.14 2011고단2360
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 7, 1990, the Defendant was sentenced to a suspended sentence of 6 months for larceny at the Seoul Central District Court, and was sentenced to 8 months for larceny, etc. at the Seoul Central District Court on November 19, 191; on July 6, 2007, the Seoul Western District Court sentenced to 1 year for imprisonment with prison labor; on August 29, 2008, the Seoul Western District Court sentenced 8 months for larceny, etc.; on September 17, 2009, the Defendant was sentenced to 2 years for imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on October 7, 2011.

On October 23:50, the Defendant: (a) opened a 4th floor of the students’ hall at the New Generation School, Seodaemun-gu, Seoul, Seoul, at around 23:50, and intruded into the 132nd floor, and discovered one set of 1 punishment for the opening of the opening of the school at the unclaimed city under the market price, which is the victim’s own name; and (b) took it back and stolen; (c) from the above date to October 16, 2011, the Defendant habitually stolen the property worth approximately KRW 3,450,000 in total on six occasions, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement on C, D, E, and F;

1. Records of seizure, list of seizure and photographs;

1. CCTV photographs;

1. Previous convictions indicated in judgment: Criminal records, US records and confirmation reports;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 330 of the Criminal Act, and the choice of limited imprisonment concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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